All states have some kind of law that requires drivers to move over a lane, slow down and/or otherwise exercise added caution when they encounter first responders or construction workers on or near the road.
Two years ago, Virginia expanded its “move over” requirements, which already mandated special care when encountering emergency and construction workers and vehicles. Virginia law now requires drivers to “yield right-of-way or reduce speed when approaching stationary vehicles displaying certain warning lights on highways.”
That includes not just the red, blue and amber flashing lights seen on police, fire and other lights associated with emergency and other government vehicles. It also includes any stopped or disabled vehicle “displaying caution signs, or…marked with properly lit flares or torches.”
Why are these laws in place?
Too often, people who have had to pull over due to a flat tire or other malfunction or maybe been involved in a minor accident – or those who have stopped to help them — have been seriously injured or killed by a passing motorist who didn’t slow down or even notice them. Virginia’s unpredictable snowfalls and rain can also make roads especially treacherous and make it difficult to reduce speed if a driver is traveling fast.
Unfortunately, no changes in the law can completely prevent tragedy. Just this month, a Virginia Safety Service Patrol worker and the driver of a car that broke down were struck by a driver who lost control on Interstate 95 near Dumfries in Prince William County. The worker, who was a Virginia Department of Transportation (VDOT) employee, was killed, while the driver of the disabled vehicle survived.
A spokesperson for AAA said that despite the laws, “oftentimes drivers will say, ‘Oh I didn’t know I was supposed to slow down.”
Even if no one is injured in such a crash, a driver can be charged with reckless driving under Virginia law. They may face other citations, like speeding. If someone is injured or killed, the penalties, of course, can be far more serious. That’s why it’s crucial that anyone who causes a collision remains at the scene and gets help rather than drive away and surely make things worse. Getting experienced legal guidance is a wise next step.
